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4 | 11 | | |
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5 | 12 | | |
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6 | 13 | | A BILL TO BE ENTITLED |
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7 | 14 | | AN ACT |
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8 | 15 | | relating to establishing the hostile foreign adversaries unit at |
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9 | 16 | | the Department of Public Safety and training, prohibitions, and |
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10 | 17 | | reporting requirements designed to combat foreign influence and |
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11 | 18 | | foreign adversary operations; creating a criminal offense. |
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12 | 19 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 20 | | SECTION 1. Chapter 411, Government Code, is amended by |
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14 | 21 | | adding Subchapter S to read as follows: |
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15 | 22 | | SUBCHAPTER S. HOSTILE FOREIGN ADVERSARIES UNIT |
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16 | 23 | | Sec. 411.551. DEFINITIONS. In this subchapter: |
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17 | 24 | | (1) "Foreign adversary operation" means actions by |
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18 | 25 | | adversarial foreign governments that threaten the safety and |
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19 | 26 | | security of this state. |
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20 | 27 | | (2) "Unit" means the department's hostile foreign |
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21 | 28 | | adversaries unit established under this subchapter. |
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22 | 29 | | Sec. 411.552. HOSTILE FOREIGN ADVERSARIES UNIT. The |
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23 | 30 | | hostile foreign adversaries unit is established in the department |
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24 | 31 | | to support the department's duty to prevent the harassment and |
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25 | 32 | | coercion of this state's residents from foreign adversary |
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26 | 33 | | operations, strengthen state agencies against foreign adversary |
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27 | 34 | | operations, and protect this state's critical infrastructure |
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28 | 35 | | against threats foreign adversary operations pose. |
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29 | 36 | | Sec. 411.553. UNIT EMPLOYEES. The director may appoint |
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30 | 37 | | unit employees as necessary to perform unit functions. |
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31 | 38 | | Sec. 411.554. BIENNIAL REPORT. (a) Not later than December |
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32 | 39 | | 1 of each even-numbered year, the unit shall submit to the governor |
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33 | 40 | | and the legislature a written report that assesses the threat |
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34 | 41 | | foreign adversary operations posed to this state, including to this |
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35 | 42 | | state's residents and governmental units, during the preceding two |
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36 | 43 | | years. The report must include: |
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37 | 44 | | (1) an assessment of the incidence of foreign |
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38 | 45 | | adversary operations conducted in this state, including operations |
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39 | 46 | | intended to influence political sentiment or public discourse; and |
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40 | 47 | | (2) strategies that have proven effective to combat |
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41 | 48 | | the operations described by Subdivision (1). |
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42 | 49 | | (b) On request by the unit, a state agency or a local law |
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43 | 50 | | enforcement agency shall provide to the unit information relating |
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44 | 51 | | to any foreign adversary operation that the agency has researched |
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45 | 52 | | or investigated or otherwise holds relevant information on. |
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46 | 53 | | Sec. 411.555. ADDITIONAL DUTIES. (a) The unit shall |
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47 | 54 | | collaborate with local governments and federal agencies to operate |
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48 | 55 | | the Texas Fusion Center. |
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49 | 56 | | (b) The unit shall refer for prosecution to the appropriate |
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50 | 57 | | prosecuting attorney cases in which individuals or organizations |
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51 | 58 | | have engaged in or assisted in foreign adversary operations in this |
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52 | 59 | | state. |
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53 | 60 | | Sec. 411.556. SECURE STORAGE OF SENSITIVE INFORMATION. (a) |
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54 | 61 | | The unit shall provide for the secure storage of sensitive |
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55 | 62 | | information obtained or produced as part of the report developed |
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56 | 63 | | under Section 411.554. |
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57 | 64 | | (b) Information determined as sensitive under Subsection |
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58 | 65 | | (a) is not subject to disclosure under Chapter 552. |
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59 | 66 | | Sec. 411.557. INFORMATION SHARING. With the approval of |
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60 | 67 | | the director, the unit may share information determined sensitive |
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61 | 68 | | under Section 411.556(a) with another federal, state, or local law |
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62 | 69 | | enforcement agency. The disclosure of information under this |
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63 | 70 | | section is not a voluntary disclosure under Section 552.007. |
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64 | 71 | | Sec. 411.558. RULES. The commission may adopt rules to |
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65 | 72 | | implement this subchapter. |
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66 | 73 | | SECTION 2. Subchapter C, Chapter 572, Government Code, is |
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67 | 74 | | amended by adding Section 572.070 to read as follows: |
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68 | 75 | | Sec. 572.070. PROHIBITIONS AND REPORTING REQUIREMENTS |
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69 | 76 | | RELATED TO FOREIGN INFLUENCE; CRIMINAL OFFENSE. (a) In this |
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70 | 77 | | section, "foreign adversary" means a country: |
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71 | 78 | | (1) identified by the United States Director of |
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72 | 79 | | National Intelligence as a country that poses a risk to the national |
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73 | 80 | | security of the United States in at least one of the three most |
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74 | 81 | | recent Annual Threat Assessments of the U.S. Intelligence Community |
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75 | 82 | | issued pursuant to Section 108B, National Security Act of 1947 (50 |
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76 | 83 | | U.S.C. Section 3043b); or |
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77 | 84 | | (2) designated by the governor after consultation with |
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78 | 85 | | the public safety director of the Department of Public Safety. |
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79 | 86 | | (b) An employee or volunteer of a state agency or a |
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80 | 87 | | political subdivision of this state may not: |
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81 | 88 | | (1) accept transportation to or lodging in a country |
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82 | 89 | | that is a foreign adversary and that is paid for by the foreign |
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83 | 90 | | adversary because of the employee's or volunteer's position with |
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84 | 91 | | the state or political subdivision; or |
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85 | 92 | | (2) accept a gift or item of value from a person |
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86 | 93 | | representing a foreign adversary for any purpose, including to pay |
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87 | 94 | | for travel expenses or as reimbursement for the costs of attending a |
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88 | 95 | | conference or other event in a country that is a foreign adversary |
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89 | 96 | | or that is hosted on behalf of a foreign adversary or a principal of |
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90 | 97 | | a foreign adversary. |
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91 | 98 | | (c) An employee or volunteer of a state agency or a |
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92 | 99 | | political subdivision of this state shall report to the commission, |
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93 | 100 | | in the form and manner the commission requires, each interaction, |
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94 | 101 | | communication, or meeting the employee or volunteer has with a |
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95 | 102 | | person acting on behalf of a foreign adversary not later than the |
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96 | 103 | | 30th day after the date of the interaction, communication, or |
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97 | 104 | | meeting. The commission shall make available a report under this |
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98 | 105 | | subsection to the attorney general and the Texas Department of |
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99 | 106 | | Public Safety on request. |
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100 | 107 | | (d) A person commits an offense if the person knowingly |
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101 | 108 | | violates this section. An offense under this subsection is a state |
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102 | 109 | | jail felony. |
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103 | 110 | | SECTION 3. Section 2054.519, Government Code, is amended by |
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104 | 111 | | adding Subsections (f) and (g) to read as follows: |
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105 | 112 | | (f) In addition to the requirements for certification under |
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106 | 113 | | Subsection (b), a cybersecurity training program must include |
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107 | 114 | | education on: |
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108 | 115 | | (1) the threat of foreign adversaries and other |
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109 | 116 | | hostile foreign actors, including the United Front Work Department |
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110 | 117 | | of the Central Committee of the Chinese Communist Party and other |
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111 | 118 | | coordinated foreign influence operations; |
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112 | 119 | | (2) known efforts by foreign adversaries to target and |
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113 | 120 | | influence subnational governments, including efforts made by the |
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114 | 121 | | United Front Work Department; |
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115 | 122 | | (3) identifying and recognizing suspected foreign |
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116 | 123 | | influence operations; |
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117 | 124 | | (4) informational resources promulgated by federal, |
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118 | 125 | | state, and nongovernmental organizations on United Front Work |
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119 | 126 | | Department activities in this state and adjacent states; and |
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120 | 127 | | (5) reporting to the Texas Ethics Commission as |
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121 | 128 | | required by Section 572.070 and to law enforcement agencies |
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122 | 129 | | suspected foreign influence operations and other interactions with |
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123 | 130 | | persons acting on behalf of a foreign adversary. |
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124 | 131 | | (g) In Subsection (f), "foreign adversary" has the meaning |
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125 | 132 | | assigned by Section 572.070. |
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126 | 133 | | SECTION 4. Section 572.070(c), Government Code, as added by |
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127 | 134 | | this Act, applies to an interaction, communication, or meeting with |
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128 | 135 | | a person acting on behalf of a foreign adversary that occurs on or |
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129 | 136 | | after March 1, 2025. A person required to report an interaction, |
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130 | 137 | | communication, or meeting under that section that occurred before |
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131 | 138 | | the effective date of this Act shall make the report not later than |
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132 | 139 | | the 30th day after the effective date of this Act. |
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133 | 140 | | SECTION 5. (a) Not later than December 1, 2025, the |
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134 | 141 | | Department of Information Resources shall adopt rules implementing |
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135 | 142 | | the certification requirements of Section 2054.519(f), Government |
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136 | 143 | | Code, as added by this Act. |
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137 | 144 | | (b) Section 2054.519(f), Government Code, as added by this |
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138 | 145 | | Act, applies only to the certification of a cybersecurity training |
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